What this is
Mediation is a confidential, voluntary, settlement-oriented process. The mediator does not decide the matter — the parties do. The mediator’s job is to surface the facts, frame the structure, and translate between rooms until a settlement architecture emerges that both sides can accept.
Tailored mediation differs from standard mediation in one specific way: where the dispute turns on technology — model behavior, smart-contract execution, source-code provenance, log integrity — the mediator can read the technology directly rather than relying on a translation through party experts. That fluency collapses the distance between rooms in matters that would otherwise stall.
When to retain
Indicators that this is the right role for the matter.
01
AI / model output liability
Disputes over hallucinated outputs in regulated workflows, training-data provenance, or vendor representations about model behavior.
02
Trade-secret in software, ML weights, schematics
Where the alleged misappropriation requires reading code or model artifacts to assess.
03
Cyber-insurance coverage
Coverage fights turning on dwell time, attribution, war exclusions, or reasonable-controls representations.
04
Smart-contract / cryptocurrency
On-chain disputes where remedies require parsing both the contract code and the underlying bargain.
05
eDiscovery / ESI disputes
Where the production fight has stalled on a sampling, search-term, or privilege-log methodology question.
06
Cross-border commercial
International disputes with multi-jurisdictional discovery and choice-of-law overlays.
Methodology
How an engagement runs.
Typical scale: Half-day to multi-week. $5M to $1B+ exposure.
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01
Pre-session
Position statements (confidential to mediator), key-evidence designation, technical briefings as needed. Daniel issues a session agenda 7–10 days ahead.
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02
Joint opening
Each party presents position briefly. Daniel frames the day, sets ground rules, and identifies the technical questions the mediation will tackle.
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03
Caucus rounds
Iterative private sessions. Daniel translates technical positions and tests assumptions in each room. Where the matter turns on a verifiable fact, a forensic component is invoked to resolve it on the spot.
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04
Convergence
Settlement architecture drafted, including any technical remediation, audit, or escrow terms.
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05
Documentation
Term sheet executed by all parties. Where stipulated, a written summary of agreements for inclusion in court approval orders.
Frequently asked
About this role.
Will Daniel review source code or model weights during the mediation?
Yes, where the parties stipulate and a tiered protective order is in place. He has done this many times.
Can he co-mediate with a retired judge?
Frequently. Pairing a technical neutral with a process neutral is the right configuration for many high-stakes matters.
How quickly can a session be scheduled?
Typically 14–60 days from retention.
Representative work
See how this role plays out.
Further reading
Further reading
Writing from the practice on the questions this role turns on.
Begin a mediation matter
Eight questions. One considered match.
Still deciding? How a mediation engagement runs · Notable matters · FAQ